Brain Injury Claims – Injury Lawyers Toronto

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  • Brain injury resulting from accidents is one of the most dangerous type of personal injuries
  • Symptoms from a brain injury may seem like minor inconveniences at but eventually they can accumulate and start to affect and degrade the person’s way of life
  • The legal system in Ontario is particularly aware of the emotional and physical suffering of a person sustaining a brain injury, along with the increased financial needs just to cope and to rehabilitate the condition
  • Insurance companies will always try to settle for lower, so it is highly recommended to get the services of a personal injury lawyer with expertise in brain injury claims
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Claiming brain injuries resulting from accidents

Brain injury resulting from accidents is one of the most dangerous type as in the initial phase people may overlook its symptoms and not be aware about it. They might dismiss it as minor inconveniences or relate it to ordinary headaches even though in the long run it may cause significant and possibly fatal risk. Despite advances in medical technology within the last 3 decades, brain issues are still a significant societal and medical concern because those who have not died from the injury are left with unmanageable expenses on medical and rehabilitation costs, as well as the inability to function normally for the rest of their lives.

According to the Saskatchewan Brain Injury Association, thousands of Canadians suffer from brain injury every year, with majority of the numbers coming from young adults. Most of them will be able to live to the normal life expectancy but will be requiring special care as a result of their brain injury.

Symptoms of Brain Injury

Even though there are different incidents that could result in a brain injury and each individual is unique, people suffering from brain injuries will exhibit similar symptoms that may seem like minor inconveniences at first because they’re isolated from each other. But eventually they accumulate and start to affect and degrade the person’s way of life. These symptoms include but not limited to:

  • Unconsciousness after the incident
  • Inability to remember events or details that occurred a few hours before and after the incident
  • Difficulties processing and remembering new information
  • Frequent headaches
  • Blurred vision
  • Vertigo/Dizziness

As exemplified by its symptoms, brain injury can be extremely disruptive to a person’s work and personal life. The long term effects can be devastating; there are people with brain injuries who can no longer remember the faces or names of friends and family members, people who started suffering from speech impairments, and there are those who suffer from loss of vision, hearing, or motor abilities.

A brain injury can also affect a person emotionally, both due to the loss of basic cognitive abilities and because of the mounting frustrations as he or she comes to grips with her new disabilities. The frustrations can also be exacerbated by the increased dependence on others, which could lead to depression.

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The Legal Rights of People Suffering From Brain Injury

The legal system in Ontario is particularly aware of the emotional and physical suffering of a person sustaining a brain injury, along with the increased financial needs just to cope and to rehabilitate the condition. This is why the law in Toronto provides specific rights to people suffering from a brain injury. These include:

  • The right to file for a personal injury claim
  • The right to be represented and assisted by a legal representative when filing a claim
  • The right to long-term disability benefits
  • The right to opt for an out-of-court settlement

Responsibilities of a Person Filing for Brain Injury Claims in Toronto

It’s not all about entitlements, as a person filing for brain injury claims in Toronto must also adhere to certain responsibilities, such as:

  • Adhere to the statute of limitations in the state, which means a person should file a claim within two years of the accident
  • To accept the burden of proof when it comes to proving the veracity of the claims through the presentation of proper documentation and court-admissible evidence

Additionally, a person who is not satisfied with the outcome of a brain injury claim can file for an appeal with the Supreme Court of Canada.

Compensation for Brain Injury

If a person is successful in proving to the court that he or she is suffering from a brain injury as a result of a third party entity or establishment’s neglect, Toronto’s legal system may award compensation for on-going medical costs, rehabilitation, loss of income and opportunity, as well as minimal compensation for pain and suffering. Canada currently places a hard cap to the compensation, amounting to $340,000. Insurance companies and legal representation of the defendant will always try to settle for lower, so it is imperative that a person filing a brain injury claim to get the services of a personal injury lawyer or firm with expertise in brain injury claims.

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